Brian McGovern

In Memoriam

Overview

Brian McGovern, retired partner at Crowell & Moring, passed away on April 5, 2023.

Brian provided legal counsel and representation to health care and nonprofit clients. His experience spanned the breadth of legal issues that confront the provider community, including counseling health care providers and managed care plans on regulatory compliance; responding to government audits and investigations, including Medicare contractor audits and New York State Office of Medicaid Inspector General (OMIG) and Attorney General Medicaid Fraud Control Unit (MFCU) inquiries; overseeing or performing internal compliance investigations; advising on and negotiating managed care, vendor, and other contracts; providing counsel and advocacy on reimbursement issues; assisting providers on administrative applications and matters before regulatory agencies, including rate appeals, certificate of need applications, and property tax exemption applications and appeals; responding to patient-care survey deficiency citations; and representing providers in administrative proceedings and litigation in state and federal courts. The providers he has represented include nursing homes, home care agencies, hospices, hospitals, continuing care retirement communities, pediatric facilities, and managed care plans.

Brian also counseled provider associations on statutory, regulatory, and other legal developments impacting long-term care providers in New York State. Brian has given lectures and presentations to the health care industry on topics ranging from corporate compliance, False Claims Act, fraud and abuse investigations and prosecutions, OMIG and MFCU audit initiatives, managed care contracting, and real property tax exemption.

Brian was recognized as a leading health care lawyer by Chambers USA and is also recognized by The Best Lawyers in America, which named him "Lawyer of the Year" for Health Care Law in New York.

Brian served for five and a half years as an assistant attorney general for New York State, where he defended the state in, among other matters, Medicaid reimbursement litigation and other legal challenges to statutes, regulations, and agency actions affecting health care providers.   

Brian graduated from Georgetown University Law Center. He is admitted to practice in New York State, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Second Circuit.

Career & Education

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    • Queens College, City University of New York, B.A., 1979
    • Georgetown University Law Center, J.D., 1984
    • Queens College, City University of New York, B.A., 1979
    • Georgetown University Law Center, J.D., 1984
  • Professional Activities and Memberships

    • Chair, Health Law Committee, Association of the Bar of the City of New York
    • Member, American Health Lawyers Association
    • Member, Health Care Compliance Association
    • Member, New York State Bar Association, Health Law Section

    Professional Activities and Memberships

    • Chair, Health Law Committee, Association of the Bar of the City of New York
    • Member, American Health Lawyers Association
    • Member, Health Care Compliance Association
    • Member, New York State Bar Association, Health Law Section